(a) Purpose. The purpose of the centralized source is to enable
consumers to make a single request to obtain annual file disclosures
from all nationwide consumer reporting agencies, as required under
section 612(a) of the FCRA, 15 U.S.C. 1681j(a).
(b) Establishment and operation. All
nationwide consumer reporting agencies shall jointly design, fund,
implement, maintain, and operate a centralized source for the purpose
described in paragraph (a) of this section. The centralized source
required by this part shall:
(1) Enable consumers to request annual
file disclosures by any of the following request methods, at the consumers’
option:
(i) A single, dedicated Web site;
(ii) A single, dedicated
toll-free telephone number; and
(iii) Mail directed to a single address;
(2) Be designed,
funded, implemented, maintained, and operated in a manner that:
(i) Has adequate capacity to accept requests from the reasonably
anticipated volume of consumers contacting the centralized source
through each request method, as determined in accordance with paragraph
(c) of this section;
(ii) Collects only as much personally identifiable information as
is reasonably necessary to properly identify the consumer as required
under the FCRA, section 610(a)(1), 15 U.S.C. 1681h(a)(1), and other
applicable laws and regulations, and to process the transaction(s)
requested by the consumer;
(iii) Provides information through the
centralized source Web site and telephone number regarding how to
make a request by all request methods required under paragraph (b)(1)
of this section; and
(iv) Provides clear and easily understandable information and instructions
to consumers, including, but not necessarily limited to:
(A) Providing
information on the progress of the consumer’s request while the consumer
is engaged in the process of requesting a file disclosure;
(B) For a Web site request method,
providing access to a “help” or “frequently asked questions” screen,
which includes specific information that consumers might reasonably
need to request file disclosures, the answers to questions that consumers
might reasonably ask, and instructions whereby a consumer may file
a complaint with the centralized source and with the Bureau;
(C) In the event that a consumer
requesting a file disclosure through the centralized source cannot
be properly identified in accordance with the FCRA, section 610(a)(1),
15 U.S.C. 1681h(a)(1), and other applicable laws and regulations,
providing a statement that the consumers’ identity cannot be verified;
and directions on how to complete the request, including what additional
information or documentation will be required to complete the request,
and how to submit such information; and
(D) A statement indicating that the consumer
has reached the Web site or telephone number for ordering free annual
credit reports as required by Federal law; and
(3) Make
available to consumers a standardized form established jointly by
the nationwide consumer reporting agencies, which consumers may use
to make a request for an annual file disclosure, either by mail or
on the Web site required under paragraph (b)(1) of this section, from
the centralized source required by this part. The form provided at
Appendix L to part 1022, may be used to comply with this section.
(c) Requirement
to anticipate. The nationwide consumer reporting agencies shall
implement reasonable procedures to anticipate, and to respond to,
the volume of consumers who will contact the centralized source through
each request method, to request, or attempt to request, a file disclosure,
including developing and implementing contingency plans to address
circumstances that are reasonably likely to occur and that may materially
and adversely impact the operation of the nationwide consumer reporting
agency, a centralized source request method, or the centralized source.
(1) The contingency plans
required by this section shall include reasonable measures to minimize
the impact of such circumstances on the operation of the centralized
source and on consumers contacting, or attempting to contact, the
centralized source.
(i) Such reasonable measures to minimize
impact shall include, but are not necessarily limited to:
(A) The extent
reasonably practicable under the circumstances, providing information
to consumers on how to use another available request method;
(B) The extent reasonably practicable
under the circumstances, communicating, to a consumer who attempts
but is unable to make a request, the fact that a condition exists
that has precluded the centralized source from accepting all requests,
and the period of time after which the centralized source is reasonably
anticipated to be able to accept the consumers’ request for an annual
file disclosure; and
(C)
Taking all reasonable steps to restore the centralized source to normal
operating status as quickly as reasonably practicable under the circumstances.
(ii)
Reasonable measures to minimize impact may also include, as appropriate,
collecting request information but declining to accept the request
for processing until a reasonable later time, provided that the consumer
is clearly and prominently informed, to the extent reasonably practicable
under the circumstances, of when the request will be accepted for
processing.
(2) A nationwide consumer reporting agency shall not be deemed in
violation of paragraph (b)(2)(i) of this section if a centralized
source request method is unavailable to accept requests for a reasonable
period of time for purposes of conducting maintenance on the request
method, provided that the other required request methods remain available
during such time.
(d) Disclosures required. If a nationwide consumer
reporting agency has the ability to provide a consumer report to a
third party relating to a consumer, regardless of whether the consumer
report is owned by that nationwide consumer reporting agency or by
an associated consumer reporting agency, that nationwide consumer
reporting agency shall, upon proper identification in compliance with
section 610(a)(1) of the FCRA, 15 U.S.C. 1681h(a)(1), provide an annual
file disclosure to such consumer if the consumer makes a request through
the centralized source.
(e) High request volume and extraordinary request
volume.
(1) High request
volume. Provided that a nationwide consumer reporting agency
has implemented reasonable procedures developed in accordance with
paragraph (c) of this section, entitled “requirement to anticipate,”
the nationwide consumer reporting agency shall not be deemed in violation
of paragraph (b)(2)(i) of this section for any period of time in which
a centralized source request method, the centralized source, or the
nationwide consumer reporting agency experiences high request volume,
if the nationwide consumer reporting agency:
(i) Collects
all consumer request information and delays accepting the request
for processing until a reasonable later time; and
(ii) Clearly and prominently informs
the consumer of when the request will be accepted for processing.
(2) Extraordinary request volume. Provided
that the nationwide consumer reporting agency has implemented reasonable
procedures developed in compliance with paragraph (c) of this section, entitled
“requirement to anticipate,” the nationwide consumer reporting agency
shall not be deemed in violation of paragraph (b)(2)(i) of this section
for any period of time during which a particular centralized source
request method, the centralized source, or the nationwide consumer
reporting agency experiences extraordinary request volume.
(f) Information use and
disclosure. Any personally identifiable information collected
from consumers as a result of a request for annual file disclosure,
or other disclosure required by the FCRA, made through the centralized
source, may be used or disclosed by the centralized source or a nationwide
consumer reporting agency only:
(1) To provide the annual file disclosure
or other disclosure required under the FCRA requested by the consumer;
(2) To process a transaction
requested by the consumer at the same time as a request for annual
file disclosure or other disclosure;
(3) To comply with applicable legal requirements,
including those imposed by the FCRA and this part; and
(4) To update personally identifiable
information already maintained by the nationwide consumer reporting
agency for the purpose of providing consumer reports, provided that
the nationwide consumer reporting agency uses and discloses the updated
personally identifiable information subject to the same restrictions
that would apply, under any applicable provision of law or regulation,
to the information updated or replaced.
(g) Communications provided through centralized
source.
(1) Any advertising or marketing for products
or services, any communications or instructions that advertise or
market any products or services, or any request to establish an account
through the centralized source must be delayed until after the consumer
has obtained his or her annual file disclosure.
(i) In the
case of requests made by mail or telephone, the consumer “has obtained
his or her annual file disclosure” when the file disclosure is mailed,
and the nationwide consumer reporting agency may include advertising
for other products or services with the file disclosure.
(ii) In the case of requests
made through the centralized source Web site, the consumer “has obtained
his or her annual file disclosure” when the file disclosure is delivered
to the consumer through the Internet, and the nationwide consumer
reporting agency may include advertising for other products or services
with the file disclosure.
(2) Any communications, instructions, or
permitted advertising or marketing shall not interfere with, detract
from, contradict, or otherwise undermine the purpose of the centralized
source stated in paragraph (a) of this section.
(3) Examples of interfering, detracting,
inconsistent, and/or undermining communications include:
(i) Centralized
source materials that represent, expressly or by implication, that
a consumer must purchase a paid product or service in order to receive
or to understand the annual file disclosure;
(ii) Centralized source materials that
represent, expressly or by implication, that annual file disclosures
are not free, or that obtaining an annual file disclosure will have
a negative impact on the consumers’ credit standing; and
(iii) Centralized source
materials that falsely represent, expressly or by implication, that
a product or service offered ancillary to receipt of a file disclosure,
such as a credit score or credit monitoring service, is free, or fail
to clearly and prominently disclose that consumers must cancel a service,
advertised as free for an initial period of time, to avoid being charged,
if such is the case.
(h) Other practices prohibited through the centralized
source. The centralized source shall not:
(1) Contain hyperlinks to commercial or
proprietary Web sites until after the consumer has obtained his or
her annual file disclosure, except for technical transfers to a Web page
on which consumers can request their free annual file disclosure;
provided, however, that no hyperlinks to commercial Web sites shall
appear on the initial page of the centralized source.
(2) Require consumers to set up an account
in connection with obtaining an annual file disclosure; or
(3) Ask or require consumers
to agree to terms or conditions in connection with obtaining an annual
file disclosure.
